KRISHAN DEV KAUSHAL Vs. RAM PAL SHARMA

JUDGEMENT

(1.) This Revision Petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the Act) is directed against the order dated 1.3.2008 passed by the learned Appellate Authority, Shimla whereby he upheld the order of eviction dated 31.8.2007 passed by the learned Rent Controller, Theog, District Shimla.

(2.) The main dispute in this case is with regard to the rate of rent. It is not disputed by any of the parties that the Petitioner is a tenant in the premises in question which were rented out to him by the Respondent-landlord in the year 1992. According to the landlord, the rent of the premises in question was settled at Rs. 3,650/- per month. After allowing enhancement in accordance with the provisions of the Act, the rent was enhanced to Rs. 4,416.50 paise in December, 2002. The landlord claimed that the Petitioner has not paid rent since January, 2003 till the date of filing of the petition.

(3.) The Respondent did not deny the fact that he was a tenant, but according to the tenant the premises were rented out to him at a rent of Rs. 1500/- per month which was enhanced to Rs. 1650/- per month in the year 1998 and in the year 2003 the rent was increased to Rs. 1800/- per month. According to the tenant he had paid rent upto February 2004. The learned Rent Controller, Theog, as well as the learned Appellate Court held the tenant to be in arrears of rent from January 2003 upto March 2005 and also held that the rent at the relevant time was Rs. 4,416.50 paise per month.